Station Ghumka District Rajnandgaon Chhattisgarh v. State Of Chhattisgarh Through Station House Officer, Ghumka, Distr
Case Details
1 2025:CGHC:40529 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6364 of 2025 Saddam Khan S/o Jahangir Khan Aged About 33 Years R/o Harduwa Police Station Ghumka District Rajnandgaon Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Ghumka, District - Rajnandgaon, Chhattisgarh ... Non-applicant For Applicant
Legal Reasoning
Singh, have also been granted regular bail by this Court in MCRC No. 6088 of 2025, MCRC No. 6106 of 2025, and MCRC No. 6286 of 2025, and further, that the charge-sheet has already been submitted in the present case before the competent Court, and the present applicant has been in jail since 08.02.2025, and as the trial is likely to take some time for its conclusion, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Saddam Khan, involved in Crime No.11/2025 registered at Police Station : Ghumka, District Rajnandgaon (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111, 3(5) of 4 the Bhartiya Nyaya Sanhita, 2023., be released on bail on his furnishing a personal bond with two local sureties in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav
Arguments
: Mr. Aditya Bhardwaj, Advocate. For Non-applicant/State : Mr. Atanu Ghosh, Dy, Govt. Advocate. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.13 11:28:41 +0530 Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 12.08.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 11/2025 registered at Police Station : Ghumka, District Rajnandgaon (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111, 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. As per prosecution story On 08.02.2025, based on an application received from the Cyber Cell, Ministry of Home Affairs, Government of 2 India, concerning action against multiple account holders involved in illegal money transactions through cyber fraud, a letter was sent to the Bank of Maharashtra, Ghumka Branch, District Rajnandgaon. The letter indicated that a total fraudulent amount of 9,58,718 had been ₹ deposited between 01.11.2024 and 31.12.2024 across 11 accounts maintained at the said branch. Pursuant to this information, an offence was registered and investigation was initiated. On the basis of the said complaint, the concerned police station registered the offence and initiated proceedings against the applicant and in memorandum applicant disclose that he has sold the account to co-accused. Hence, this bail application is being preferred. 3. The applicant has been falsely implicated in the present case, and there is no direct evidence to show that he was knowingly involved in the alleged offence. The mere receipt of a nominal amount for handing over a bank account, without knowledge of its future misuse, does not establish the requisite mens rea. The investigation does not reveal any active role of the applicant in the planning, execution, or benefit from the alleged cyber fraud beyond the nominal consideration received. Co-accused Mangalam Soni has already been granted bail by the Hon’ble Supreme Court in SLP (Crl.) No. 9233 of 2025 vide order dated 25.07.2025, and other co-accused persons, namely Devendra Das Manikpuri, Sewant Verma, and Mohammad Arshad, have also been granted bail by the trial court. The prosecution has delayed the production of evidence, causing unnecessary detention of the applicant, who has been in judicial custody since 08.02.2025, and the trial is yet to commence. The applicant is a permanent resident of 3 the address mentioned in the cause title, there is no likelihood of his absconding or tampering with prosecution witnesses, and he is willing to furnish adequate security and comply with all conditions imposed by this Hon’ble Court, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence, and the fact that co-accused Mangalam Soni has been granted bail by the Hon’ble Supreme Court in SLP No. 9233 of 2025 vide order dated 25.07.2025, as well as other co-accused, namely Amit Giri, Manash Pate, Indra Kumar Verma, and Jasbeer